Your access to and use of this site is subject to the following terms and conditions and all applicable laws.
By accessing and using this site, you accept the following terms and conditions, without limitation or qualification.
Rigel Innovations Pty. Ltd. (Rigel Innovations), from time to time, change these terms in its sole discretion. By using this site after any such change, you agree to comply with, and be bound by, the terms as changed.
Unless otherwise stated, the contents of this site including, but not limited to, the text and images contained herein and their arrangement are the property of Rigel Innovations. All trademarks used or referred to in this website are the property of their respective owners.
Links on this site may lead to services or sites not operated by Rigel Innovations. No judgment or warranty is made with respect to such other services or sites and Rigel Innovations takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on this site, or any site or service linked to by this site, is at your own risk.
Rigel Innovations maintains this site in New South Wales, Australia and you agree that these terms of use and any legal action or proceeding relating to this site shall be governed by the laws of the State of New South Wales without reference to its choice of law rules. If you attempt to bring any legal proceedings against Rigel Innovations you specifically acknowledge that Rigel Innovations is free to choose the jurisdiction of our preference as to where such action against us may be held. As you have agreed by using this site to choose the laws of the State of New South Wales to govern any such proceedings, we will probably choose to defend any such action in New South Wales and we can make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this site.
You are responsible for complying with the laws of the jurisdiction from which you are accessing this site and you agree that you will not access or use the information on this site in violation of such laws. Unless expressly stated otherwise herein, any information submitted by you through this site shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential.
These terms and conditions are intended to form a binding contract between Rigel Innovations Pty. Ltd. (Rigel Innovations) and the Client, which should be interpreted only under Australia law. Nothing in the following clauses overrides any rights that the Client has in law, other than where it is agreed in law that this is allowable.
1. Quotations
1.1 All quotations given by Rigel Innovations will be valid for 28 days from the date of quotation.
1.2 If the Client final orders changes from the original specification made for the quotation, Rigel Innovations reserves the right to vary the quotation.
1.1 All quotations given by Rigel Innovations will be valid for 28 days from the date of quotation.
1.2 If the Client final orders changes from the original specification made for the quotation, Rigel Innovations reserves the right to vary the quotation.
2. Website Design
2.1 All HTML and XHTML pages created for the Client will be owned by Client providing the pages are for Client own use only. They must not be sold or given to a third party without written permission from Rigel Innovations.
2.2 All dynamic programming code including ASP, PHP and JavaScript is created and supplied on a 'use of the coding function' only basis and will entirely remain the property of Rigel Innovations.
2.1 All HTML and XHTML pages created for the Client will be owned by Client providing the pages are for Client own use only. They must not be sold or given to a third party without written permission from Rigel Innovations.
2.2 All dynamic programming code including ASP, PHP and JavaScript is created and supplied on a 'use of the coding function' only basis and will entirely remain the property of Rigel Innovations.
3. Web Site Maintenance Service
3.1 Rigel Innovations maintains a current local backup copy of Client web site.
3.2 "Maintenance" is defined as keeping the web site current. It is not intended to be a redesign or revamp. For major change on Client website, such as re-construction website, additional pages, new flash heading, will incur an extra charge.
3.3 Updates are completed within 24 hours of the time they are received, except weekends and holidays. Updates received after 3:00pm BST may not be completed until the next business day unless prior arrangements have been made.
3.4 Although Rigel Innovations makes every effort to make accurate changes, it is the Client's responsibility to review updates and notify Rigel Innovations of any necessary changes that need to be made. Rigel Innovations does not charge for changes that are our fault. However, if a change needs to be made due to Client error, the regular hourly update fees will be charged.
3.5 Rigel Innovations reserves the right to distinguish between "updates" and "new design". New design work is charged at our design rate.
3.6 Updates should be provided electronically (by email) as much as possible. Attachments should be in .txt or .doc (Word) format. Pictures need to be .jpg or .gif.
3.7 Client's web site may be using third-party components (web site trackers, weather info-feeds, etc.). Rigel Innovations has no control over what third party sites do and take no responsibility for loss of information due to actions of these sites. Any changes to Client's site stemming from regulations of these third party components will be billed at the normal hourly rate. (Example, A retail site might be connected to Authorize.net. If Authorize.net requires changes in the code, this will be billed as normal maintenance fees.)
3.8 Any page which has been amended directly by a Client becomes the Client's own responsibility including the provision of backups. Rigel Innovations will, at their sole discretion, offer reasonable assistance in resolving issues that arise.
3.1 Rigel Innovations maintains a current local backup copy of Client web site.
3.2 "Maintenance" is defined as keeping the web site current. It is not intended to be a redesign or revamp. For major change on Client website, such as re-construction website, additional pages, new flash heading, will incur an extra charge.
3.3 Updates are completed within 24 hours of the time they are received, except weekends and holidays. Updates received after 3:00pm BST may not be completed until the next business day unless prior arrangements have been made.
3.4 Although Rigel Innovations makes every effort to make accurate changes, it is the Client's responsibility to review updates and notify Rigel Innovations of any necessary changes that need to be made. Rigel Innovations does not charge for changes that are our fault. However, if a change needs to be made due to Client error, the regular hourly update fees will be charged.
3.5 Rigel Innovations reserves the right to distinguish between "updates" and "new design". New design work is charged at our design rate.
3.6 Updates should be provided electronically (by email) as much as possible. Attachments should be in .txt or .doc (Word) format. Pictures need to be .jpg or .gif.
3.7 Client's web site may be using third-party components (web site trackers, weather info-feeds, etc.). Rigel Innovations has no control over what third party sites do and take no responsibility for loss of information due to actions of these sites. Any changes to Client's site stemming from regulations of these third party components will be billed at the normal hourly rate. (Example, A retail site might be connected to Authorize.net. If Authorize.net requires changes in the code, this will be billed as normal maintenance fees.)
3.8 Any page which has been amended directly by a Client becomes the Client's own responsibility including the provision of backups. Rigel Innovations will, at their sole discretion, offer reasonable assistance in resolving issues that arise.
4. Website hosting
4.1 Client should note that Rigel Innovations uses several third parties hosting services, and reserve the right to change the hosting service used at will so as to provide the most reliable and cost-effective service possible.
4.2 The annual hosting fee is designed to be suitable for typical small business use. It is not suitable for any site which makes heavy use of bandwidth through use of multimedia or otherwise, or which attracts a mass market audience. Rigel Innovations therefore reserves the right to immediately withdraw from, or renegotiate hosting services with, any Client whose use of bandwidth or storage space is deemed by Rigel Innovations as inappropriate to the basic Rigel Innovations hosting service.
4.3 Rigel Innovations does not allow its hosting facilities to be used for illegal, immoral or distasteful websites. The Client agrees that any content introduced to the site may be inspected by Rigel Innovations staff without hindrance and notes that hosting may be withdrawn without notice if such content is found.
4.5 Hosting fees are not refundable should you decide to move to another provider within the hosting term paid for.
4.1 Client should note that Rigel Innovations uses several third parties hosting services, and reserve the right to change the hosting service used at will so as to provide the most reliable and cost-effective service possible.
4.2 The annual hosting fee is designed to be suitable for typical small business use. It is not suitable for any site which makes heavy use of bandwidth through use of multimedia or otherwise, or which attracts a mass market audience. Rigel Innovations therefore reserves the right to immediately withdraw from, or renegotiate hosting services with, any Client whose use of bandwidth or storage space is deemed by Rigel Innovations as inappropriate to the basic Rigel Innovations hosting service.
4.3 Rigel Innovations does not allow its hosting facilities to be used for illegal, immoral or distasteful websites. The Client agrees that any content introduced to the site may be inspected by Rigel Innovations staff without hindrance and notes that hosting may be withdrawn without notice if such content is found.
4.5 Hosting fees are not refundable should you decide to move to another provider within the hosting term paid for.
5. Payment
5.1 For website design, ecommerce design services under this Agreement, Clients shall pay Rigel Innovations 75% of the fee upon commencement of the Agreement and the balance of the fee upon completion of the specified project and before the website goes live unless otherwise provided in Schedule.
5.2 Clients must provide content within 2 months of the starting project otherwise Rigel Innovations has right to redeem full amount of final payment when design process has completed.
5.3 In all cases, website hosting fees and any costs incurred by Rigel Innovations on behalf of the client are payable in advance and are non-refundable. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service.
5.4 Any outstanding accounts for work carried out by Rigel Innovations or its affiliates are required to be paid in full, no later than 7 days from the date of the invoice unless by prior arrangement with Rigel Innovations. If not paid Rigel Innovations shall have the right, but not the obligation, to suspend or terminate this Agreement and remove the Web Site and/or Digital Media. All unpaid balances shall accrue interest at 2% per month.
5.5 Clients are responsible for any and all fixed and accumulative charges for their accounts. In addition to any late fees, past due accounts may be subject to reasonable collection and legal fees as well as interest accrued at 2% per month. Returned cheques are subject to a charge of £20.00 regardless of amount.
5.6 If after 30 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. Reactivation of closed accounts due to delinquency incurs a £15 reactivation fee as well as payment of the balance due in full. For late payments please open a ticket to Billing Department to arrange payment.
5.7 If a cancelled service is to be reinstated at the client's request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be restored.
5.1 For website design, ecommerce design services under this Agreement, Clients shall pay Rigel Innovations 75% of the fee upon commencement of the Agreement and the balance of the fee upon completion of the specified project and before the website goes live unless otherwise provided in Schedule.
5.2 Clients must provide content within 2 months of the starting project otherwise Rigel Innovations has right to redeem full amount of final payment when design process has completed.
5.3 In all cases, website hosting fees and any costs incurred by Rigel Innovations on behalf of the client are payable in advance and are non-refundable. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service.
5.4 Any outstanding accounts for work carried out by Rigel Innovations or its affiliates are required to be paid in full, no later than 7 days from the date of the invoice unless by prior arrangement with Rigel Innovations. If not paid Rigel Innovations shall have the right, but not the obligation, to suspend or terminate this Agreement and remove the Web Site and/or Digital Media. All unpaid balances shall accrue interest at 2% per month.
5.5 Clients are responsible for any and all fixed and accumulative charges for their accounts. In addition to any late fees, past due accounts may be subject to reasonable collection and legal fees as well as interest accrued at 2% per month. Returned cheques are subject to a charge of £20.00 regardless of amount.
5.6 If after 30 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. Reactivation of closed accounts due to delinquency incurs a £15 reactivation fee as well as payment of the balance due in full. For late payments please open a ticket to Billing Department to arrange payment.
5.7 If a cancelled service is to be reinstated at the client's request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be restored.
6. Website acceptance, ownership and cancellation
6.1 When Rigel Innovations believes that they have completed a satisfactory design for the Client's website, the Client will be shown the design and asked to approve it. If the Client approves the site, or does so after subsequent agreed changes, then the website will be deemed to be accepted. The site will only be put fully live on the internet under the Client's website name once Client acceptance has been received and the final agreed design payment has been made. The date when the website is put fully live under the Client's website name is the 'go-live' date.
6.2. Rigel Innovations reserves the right to cancel this contract at any time without explanation or compensation, returning all materials supplied and returning any fees paid (less expenses directly incurred in registration of a website name for the Client).
6.3. Ownership of the website remains with Rigel Innovations until Client acceptance has been received. Thereafter Rigel Innovations grants the Client non-exclusive use of design features and material not originally supplied by the Client. This use is limited to the single Internet site created by Rigel Innovations under this contract, and comprises solely the html and asp pages created, or his equivalents, and Macromedia Flash .swf files if relevant.
6.1 When Rigel Innovations believes that they have completed a satisfactory design for the Client's website, the Client will be shown the design and asked to approve it. If the Client approves the site, or does so after subsequent agreed changes, then the website will be deemed to be accepted. The site will only be put fully live on the internet under the Client's website name once Client acceptance has been received and the final agreed design payment has been made. The date when the website is put fully live under the Client's website name is the 'go-live' date.
6.2. Rigel Innovations reserves the right to cancel this contract at any time without explanation or compensation, returning all materials supplied and returning any fees paid (less expenses directly incurred in registration of a website name for the Client).
6.3. Ownership of the website remains with Rigel Innovations until Client acceptance has been received. Thereafter Rigel Innovations grants the Client non-exclusive use of design features and material not originally supplied by the Client. This use is limited to the single Internet site created by Rigel Innovations under this contract, and comprises solely the html and asp pages created, or his equivalents, and Macromedia Flash .swf files if relevant.
7. Limitations of liability
7.1 Where Client uses a third party product or service (e.g. Macromedia Contribute for website editing or PayPal/Worldpay for e-commerce) then his relationship is exclusively with the supplier of that product. Though Rigel Innovations may introduce these products and services, it is entirely up to the Client to inform themselves both as to benefits and risks and to correct usage.
7.2 The Client should note that the internet is operated by many companies not under Rigel Innovations control, and that it is therefore not possible for Rigel Innovations to guarantee quality of service beyond using reasonable endeavours to solve Client issues.
7.3 Rigel Innovations can in no circumstances be liable for any consequential loss on the part of the Client howsoever caused.
7.4 Rigel Innovations shall not be liable for any failure to register or renew any website name (domain name) as requested by the Client, or for any delay in so doing which results in the loss of the domain name. Client is advised that registration is ultimately his responsibility and that he can check status of any domain name through www.nominet.org.uk or via www.joker.com as appropriate.
7.5 Rigel Innovations shall not be liable for the loss or delay of any email directed to or from an email address supplied under the Rigel Innovations service. Client is advised that it is their responsibility to perform regular checks that their Rigel Innovations email is fully operational.
7.6 Rigel Innovations shall not be liable for breaks in service or availability of the Client's website, except insofar as it will extend the hosting period paid for proportionately to any such break in service.
7.7 Rigel Innovations shall not be liable for the misuse of data of any kind associated with the website and obtained in a fraudulent or illicit manner by third parties.
7.8 These terms constitute the entire agreement between Rigel Innovations and the Client, notwithstanding any previous agreement be it written or oral or in any other form. Heading are indicative only, and should not be used to further define any clause. Any variations to these terms are valid only if agreed in writing and signed by a Director of Rigel Innovations.
7.1 Where Client uses a third party product or service (e.g. Macromedia Contribute for website editing or PayPal/Worldpay for e-commerce) then his relationship is exclusively with the supplier of that product. Though Rigel Innovations may introduce these products and services, it is entirely up to the Client to inform themselves both as to benefits and risks and to correct usage.
7.2 The Client should note that the internet is operated by many companies not under Rigel Innovations control, and that it is therefore not possible for Rigel Innovations to guarantee quality of service beyond using reasonable endeavours to solve Client issues.
7.3 Rigel Innovations can in no circumstances be liable for any consequential loss on the part of the Client howsoever caused.
7.4 Rigel Innovations shall not be liable for any failure to register or renew any website name (domain name) as requested by the Client, or for any delay in so doing which results in the loss of the domain name. Client is advised that registration is ultimately his responsibility and that he can check status of any domain name through www.nominet.org.uk or via www.joker.com as appropriate.
7.5 Rigel Innovations shall not be liable for the loss or delay of any email directed to or from an email address supplied under the Rigel Innovations service. Client is advised that it is their responsibility to perform regular checks that their Rigel Innovations email is fully operational.
7.6 Rigel Innovations shall not be liable for breaks in service or availability of the Client's website, except insofar as it will extend the hosting period paid for proportionately to any such break in service.
7.7 Rigel Innovations shall not be liable for the misuse of data of any kind associated with the website and obtained in a fraudulent or illicit manner by third parties.
7.8 These terms constitute the entire agreement between Rigel Innovations and the Client, notwithstanding any previous agreement be it written or oral or in any other form. Heading are indicative only, and should not be used to further define any clause. Any variations to these terms are valid only if agreed in writing and signed by a Director of Rigel Innovations.
8. License
8.1 Grant of License - Client.
Client hereby grants to Rigel Innovations a non-exclusive, worldwide, royalty-free license to edit, modify, adapt, translate, Schedule, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use Client Content as necessary to render the Services to Client under this Agreement
8.2 Grant of License - Rigel Innovations.
Rigel Innovations hereby grants to Client a limited, non exclusive, non-transferable, royalty free license solely to make use of Rigel Innovations Materials which are incorporated in the Web Site and which are required for the operation of the Web Site solely to operate the Web Site on the Host Server. Rigel Innovations hereby reserves for itself all rights in and to the Rigel Innovations Materials not expressly granted to Client in the immediately foregoing sentence. In no event shall Client use any trademarks or service marks of Rigel Innovations without Rigel Innovations's prior written consent. Unless otherwise agreed to in writing by Rigel Innovations, the transfer or attempted transfer of the Web Site to any host server other than Rigel Innovations Host Server or our partner's Host Server shall automatically terminate the foregoing license.
8.1 Grant of License - Client.
Client hereby grants to Rigel Innovations a non-exclusive, worldwide, royalty-free license to edit, modify, adapt, translate, Schedule, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use Client Content as necessary to render the Services to Client under this Agreement
8.2 Grant of License - Rigel Innovations.
Rigel Innovations hereby grants to Client a limited, non exclusive, non-transferable, royalty free license solely to make use of Rigel Innovations Materials which are incorporated in the Web Site and which are required for the operation of the Web Site solely to operate the Web Site on the Host Server. Rigel Innovations hereby reserves for itself all rights in and to the Rigel Innovations Materials not expressly granted to Client in the immediately foregoing sentence. In no event shall Client use any trademarks or service marks of Rigel Innovations without Rigel Innovations's prior written consent. Unless otherwise agreed to in writing by Rigel Innovations, the transfer or attempted transfer of the Web Site to any host server other than Rigel Innovations Host Server or our partner's Host Server shall automatically terminate the foregoing license.
9. Ownership and Intellectual Property Issues.
9.1 Subject to Client's ownership interest in Client Content, all materials, including, but not limited, to any computer software (in object code and source code form), script, programming code, data, information or HTML script developed or provided by Rigel Innovations or its suppliers under this Agreement (with the exception of original elements of audiovisual displays created hereunder specifically for Client, which shall be deemed to be part of Client Content), and any trade secrets, know how, methodologies and processes related to Rigel Innovations's products or services, shall remain the sole and exclusive property of Developer or its suppliers, including, without limitation, all copyrights, trademarks, patents, database rights, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto (collectively "Rigel Innovations Materials').
9.2 All Intellectual Property in any Material generated under the Contract shall be the exclusive property of Rigel Innovations. You are not permitted to copy and / or distribute our source code or allow access to any third party that we consider may infringe our copyright
9.3 Any software delivered to the Customer under the Contract shall, subject to the rights of third parties, remain the property of Rigel Innovations and shall be subject to the terms of Rigel Innovations's applicable software licence as detailed in the associated Schedule/s or the third party software licence as the case may be.
9.4 Rigel Innovations will not transfer rights in any design or software work owned by a third party.
9.5 Any Royalty-free images used by Rigel Innovations as part of the web design are under a separate licence and such images may not be used in any other context or application, be it another web design or an alternative form of advertising.
10. Site Branding
Rigel Innovations requires all web sites designed by us to carry the website design by Rigel Innovations.com phrase or similar phrase with link on your home/index page. There is an additional cost of 20% on the total cost of the project for not displaying this. Even after the project is completed and handed over, you are bound by this agreement to display our branding notice, as long as the design (modified or unmodified) is in use.
Rigel Innovations requires all web sites designed by us to carry the website design by Rigel Innovations.com phrase or similar phrase with link on your home/index page. There is an additional cost of 20% on the total cost of the project for not displaying this. Even after the project is completed and handed over, you are bound by this agreement to display our branding notice, as long as the design (modified or unmodified) is in use.
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